ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA ......ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA...

ZONING COMMISSION FOR THE DISTRICT OF COLUMBIA

NOTICE OF VIRTUAL PUBLIC HEARING1

TIME AND PLACE: Tuesday, July 28, 2020, @ 4:00 p.m.

WebEx – Login Details will be Provided by Noon2

FOR THE PURPOSE OF CONSIDERING THE FOLLOWING:

CASE NOS. 19-27 and 19-27A (Office of Planning – Proposed Text Amendments to

Reorganize Subtitles C, D, E, F, G, H, K, & U of the Zoning Regulations)

THIS CASE IS OF INTEREST TO ALL ANCs

The Office of Planning (“OP”) filed two setdown reports that served as petitions proposing text

amendments to Title 11 of the DCMR (Zoning Regulations of 2016, the “Zoning Regulations,” to

which all references are made unless otherwise specified) that would reorganize:

• Subtitle C (General Rules);

• Subtitle D (Residential House (R) Zones);

• Subtitle E (Residential Flat (RF) Zones);

• Subtitle F (Residential Apartment (RA) Zones);

• Subtitle G (Mixed Use (MU) Zones);

• Subtitle H (Neighborhood Mixed-Use (NC) Zones);

• Subtitle K (Special Purpose Zones); and

• Subtitle U (Use Permissions)

OP’s petition in Z.C. Case No. 19-27, filed on November 8, 2019, proposed a text amendment to:

• Apply the zone name changes proposed in Z.C. Case No. 18-16 and reorganize the structure of:

o Subtitle D (Residential House (R) Zones); o Subtitle E (Residential Flat (RF) Zones); and o Subtitle F (Residential Apartment (RA) Zones).

OP submitted a December 5, 2019, supplemental report requesting to expand the proposed text

amendment in Z.C. Case No. 19-27 to include the:

• Reorganization of Chapter 7 (Reed-Cooke) of Subtitle K (Special Purpose Zones) by moving the provisions applying to the RA zones to Subtitle F (Residential Apartment

Zones) as a new Chapter 6 (Reed-Cooke Residential Apartment Zone).

OP’s petitions did not propose any substantive changes.

OP’s petition in Z.C. Case No. 19-27A, filed on April 17, 2020, proposed a text amendment to:

• Apply the zone name changes proposed in Z.C. Case No. 18-16 and reorganize the structure of:

1 Due to the Covid-19 pandemic, the Commission will conduct this hearing virtually using WebEx. 2 Anyone who wishes to participate in this case but cannot do so via WebEx or by phone may submit written

comments to the record. (See p. 3, How to participate as a witness – written statements.)

Z.C. NOTICE OF PUBLIC HEARING

Z.C. CASE NOS. 19-27 AND 19-27A

PAGE 2

o Subtitle G (Mixed-Use (MU) Zones); and o Subtitle H (Neighborhood Mixed-Use (NC) Zones);

• Reorganize Chapter 16 (Public Recreation or Library Buildings or Structures) of Subtitle C (General Rules) by moving its provisions to Subtitles D, E, F, G and H as appropriate

and deleting Chapter 16; and

• Reorganize Chapter 7 (Reed-Cooke) of Subtitle K (Special Purpose Zones) by moving the provisions applying to MU zones and Use Permissions (and deleting Chapter 7) to:

o Subtitle G (Mixed Used (MU) Zones) as a new Chapter 8 (Reed-Cooke Mixed-use Zones); and

o Subtitle U (Use Permissions) as a new subsection 514.2.

OP’s petition did not propose any substantive changes.

Reorganization

The proposed reorganization of the Zoning Regulations will result in the following specific

benefits:

• Reduce duplication of development standards by locating primary development standards within a single base zone chapter that would apply unless modified by changes in specific

zone chapters;

• Clarify the relationship between zones, especially zones with the same base zone (i.e. all the MU-4 share the same primary standards);

• Clarify the relationship between the geographically defined or modified zones, especially as seen on a zoning map (i.e. all the Capitol Interest (CAP) zones will be easily identified);

and

• Simplify the amendment process and reduce potential errors because most amendments would only need to be made to the base zone.

OP’s proposed reorganization does not include substantive changes to the current Zoning

Regulations.

The Commission voted at its November 18, 2019 public meeting to grant OP’s request to set down

the proposed text amendments in Z.C. Case No. 19-27 for a public hearing.

The Commission voted at its December 9, 2019, public meeting to grant OP’s supplemental

request to move the RA zone provisions of the Reed-Cooke zones to Subtitle F, and also requested

that for clarity OP include a “clean” version of the proposed text amendments in the record in

addition to the blackline version showing the proposed text amendments as edits to the current

text.

The Commission voted at its April 27, 2020 public meeting to grant OP’s request to set down the

proposed text amendment in Z.C. Case No. 19-27A for a public hearing as part of the public

hearing for Z.C. Case No. 19-27. The Commission also authorized flexibility for OP to work with

the Office of the Attorney General to refine the proposed text and add any conforming language

as necessary.



PAGE 3

The OP setdown reports also served as the pre-hearing reports required by Subtitle Z §§ 500.6 and

504.

The proposed text amendments would apply city-wide.

The complete record in these cases, including the OP setdown reports and the transcripts of the

public meetings can be viewed online at the Office of Zoning website, through the Interactive

Zoning Information System (IZIS), at https://app.dcoz.dc.gov/Content/Search/Search.aspx.

Proposed amendments to the Zoning Regulations of the District of Columbia are authorized

pursuant to the Zoning Act of June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-

641.01, et seq. (2018 Repl.)).

Blackline and Clean Versions of Proposed Text

In addition to the blackline text that follows, a “clean” version of the proposed final text (without

the edits to the current text) is also available for viewing through IZIS in the record for Z.C. Case

Nos. 19-27 (Subtitles D, E, and F) and 19-27A (Subtitles C, G, H, K, and U)

This virtual public hearing will be conducted in accordance with the rulemaking case provisions

Subtitle Z, Chapter 5 of the Zoning Regulations (Title 11, Zoning Regulations of 2016, of the

District of Columbia Municipal Regulations), which includes the text provided in the Notice of

Emergency and Proposed Rulemaking adopted by the Zoning Commission on May 11, 2020, in

Z.C. Case No. 20-11.

How to participate as a witness – oral presentation

Interested persons or representatives of organizations may be heard at the virtual public hearing.

All individuals, organizations, or associations wishing to testify in this case are strongly

encouraged to sign up to testify at least 24 hours prior to the start of the hearing on OZ’s

website at https://dcoz.dc.gov/ or by calling Donna Hanousek at (202) 727-0789 in order to ensure

the success of the new virtual public hearing procedures.

The Commission also requests that all witnesses prepare their testimony in writing, submit the

written testimony prior to giving statements, and limit oral presentations to summaries of the most

important points. The Commission must base its decision on the record before them. Therefore, it

is highly recommended that all written comments and/or testimony be submitted to the

record at least 24 hours prior to the start of the hearing. The following maximum time limits

for oral testimony shall be adhered to and no time may be ceded:

1. Organizations 5 minutes each

2. Individuals 3 minutes each

How to participate as a witness – written statements

Written statements, in lieu of personal appearances or oral presentation, may be submitted for

inclusion in the record. The public is encouraged to submit written testimony through the

Interactive Zoning Information System (IZIS) at https://app.dcoz.dc.gov/Login.aspx; however,

written statements may also be submitted by e-mail to [email protected]. Please include the

https://app.dcoz.dc.gov/Content/Search/Search.aspxhttps://dcoz.dc.gov/https://app.dcoz.dc.gov/Login.aspxmailto:[email protected]



PAGE 4

case number on your submission. If you are unable to use either of these means of submission,

please contact Donna Hanousek at (202) 727-0789 for further assistance.

“Great weight” to written report of ANC

Subtitle Z § 505.1 provides that the written report of an affected ANC shall be given great weight

if received at any time prior to the date of a Commission meeting to consider final action, including

any continuation thereof on the application, and sets forth the information that the report must

contain. Pursuant to Subtitle Z § 505.2, an ANC that wishes to participate in the hearing must file

a written report at least seven days in advance of the public hearing and provide the name of the

person who is authorized by the ANC to represent it at the hearing.

FOR FURTHER INFORMATION, YOU MAY CONTACT THE OFFICE OF ZONING AT

(202) 727-6311.

ANTHONY J. HOOD, ROBERT E. MILLER, PETER G. MAY, PETER A. SHAPIRO,

AND MICHAEL G. TURNBULL -------- ZONING COMMISSION FOR THE DISTRICT

OF COLUMBIA, BY SARA A. BARDIN, DIRECTOR, AND BY SHARON S. SCHELLIN,

SECRETARY TO THE ZONING COMMISSION.

Do you need assistance to participate? If you need special accommodations or need language assistance services (translation or

interpretation), please contact Zee Hill at (202) 727-0312 or [email protected] five days in advance of the meeting. These

services will be provided free of charge.

¿Necesita ayuda para participar? Si tiene necesidades especiales o si necesita servicios de ayuda en su idioma (de traducción o

interpretación), por favor comuníquese con Zee Hill llamando al (202) 727-0312 o escribiendo a [email protected] cinco días

antes de la sesión. Estos servicios serán proporcionados sin costo alguno.

Avez-vous besoin d’assistance pour pouvoir participer? Si vous avez besoin d’aménagements spéciaux ou d’une aide

linguistique (traduction ou interprétation), veuillez contacter Zee Hill au (202) 727-0312 ou à [email protected] cinq jours

avant la réunion. Ces services vous seront fournis gratuitement.

참여하시는데 도움이 필요하세요? 특별한 편의를 제공해 드려야 하거나, 언어 지원 서비스(번역 또는 통역)가

필요하시면, 회의 5일 전에 Zee Hill 씨께 (202) 727-0312 로 전화 하시거나 [email protected] 로 이메일을 주시기

바랍니다. 이와 같은 서비스는 무료로 제공됩니다.

您需要有人帮助参加活动吗？如果您需要特殊便利设施或语言协助服务（翻译或口译），请在见面之前提前五天与 Zee

Hill 联系，电话号码 (202) 727-0312，电子邮件 [email protected] 这些是免费提供的服务。

Quí vị có cần trợ giúp gì để tham gia không? Nếu quí vị cần thu xếp đặc biệt hoặc trợ giúp về ngôn ngữ (biên dịch hoặc thông

dịch) xin vui lòng liên hệ với Zee Hill tại (202) 727-0312 hoặc [email protected] trước năm ngày. Các dịch vụ này hoàn toàn

miễn phí.

ለመሳተፍ ዕርዳታ ያስፈልግዎታል? የተለየ እርዳታ ካስፈለገዎት ወይም የቋንቋ እርዳታ አገልግሎቶች (ትርጉም ወይም ማስተርጎም)

ካስፈለገዎት እባክዎን ከስብሰባው አምስት ቀናት በፊት ዚ ሂልን በስልክ ቁጥር (202) 727-0312 ወይም በኤሜል [email protected]

ይገናኙ። እነኝህ አገልግሎቶች የሚሰጡት በነጻ ነው።

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PAGE 5 – Subtitle D

(ZC Case No. 19-27 Subtitle D)

PROPOSED TEXT AMENDMENT

The proposed amendments to the text of the Zoning Regulations are as follows (text to be deleted

is marked in bold and strikethrough text; new text is shown in bold and underline text).

I. Amendments to Subtitle D, RESIDENTIAL HOUSE (R) ZONES

Chapter 1, INTRODUCTION, is proposed to be amended to read as follows:

100 GENERAL PROVISIONS

100.1 The Residential House (R) zones are residential zones, designed to provide for

stable, low- to moderate-density residential areas suitable for family life and

supporting uses.

Subtitle D is to be read and applied in addition to the regulations included in:

(a) Subtitle A, Authority and Applicability;

(b) Subtitle B, Definitions, Rules of Measurement, and Use Categories;

(c) Subtitle C, General Rules; and

(d) Subtitle U, Use Permissions.

100.2 In addition to the purpose statements of individual chapters, the provisions of

the R zones are intended to:

(a) Provide for the orderly development and use of land and structures in

areas predominantly characterized by low- to moderate-density

residential development;

(b) Recognize and reinforce the importance of neighborhood character,

walkable neighborhoods, housing affordability, aging in place,

preservation of housing stock, improvements to the overall

environment, and low- and moderate-density housing to the overall

housing mix and health of the city;

(c) Allow for limited compatible accessory and non-residential uses;

(d) Allow for the matter-of-right development of existing lots of record;

(e) Establish minimum lot area and dimensions for the subdivision and

creation of new lots of record; and

(f) Discourage multiple dwelling unit development.

100.3 100.2 For those zones with a geographic identification identifier, the zone boundaries

are cited described in Subtitle W, Specific Zone Boundaries, and identified on

the official Zoning Map. When there is a conflict between the official Zoning




Map and the boundaries described in Subtitle W, the Office of Zoning shall

determine the correct boundaries through a zoning certification.

101 DEVELOPMENT STANDARDS PURPOSE AND INTENT

101.1 The bulk of structures in the R zones shall be controlled through the combined

general development standards of this subtitle, the zone-specific development

standards of this subtitle, and the requirements and standards of Subtitle C.

The Residential House (R) zones are residential zones, designed to provide for

stable, low- to moderate-density residential areas suitable for family life and

supporting uses.

101.2 The development standards are intended to:

(a) Control the bulk or volume of structures, including height, floor area ratio (FAR), and lot occupancy;

(b) Control the location of building bulk in relation to adjacent lots and

streets, by regulating rear yards, side yards, and the relationship of

buildings to street lot lines;

(c) Regulate the mixture of uses; and

(d) Promote the environmental performance of development.

The R zones are intended to:

(a) Provide for the orderly development and use of land and structures in

areas predominantly characterized by low- to moderate-density

residential development;

(b) Recognize and reinforce the importance of neighborhood character,

walkable neighborhoods, housing affordability, aging in place,

preservation of housing stock, improvements to the overall

environment, and low- and moderate-density housing to the overall

housing mix and health of the city;

(c) Allow for limited compatible accessory and non-residential uses;

(d) Allow for the matter-of-right development of existing lots of record;

(e) Establish minimum lot area and dimensions for the subdivision and

creation of new lots of record; and

(f) Discourage multiple dwelling unit development.

101.3 Development standards may be varied or waived by the Board of Zoning

Adjustment as a variance or, when permitted in this title, as a special exception

established in Subtitle X. Additional zone specific special exception criterion,




if applicable, shall be considered by the Board and are referenced in this

subtitle. The purposes of the R-1A and R-1B zones are to:

(a) Protect quiet residential areas now developed with detached houses and

adjoining vacant areas likely to be developed for those purposes; and

(b) Stabilize the residential areas and promote a suitable environment for

family life.

101.4 In addition to the development standards set forth in this subtitle, additional

general regulations relevant to this Subtitle can be found in Subtitle C.

The R-1A zone is intended to provide for areas predominantly developed with

detached houses on large lots.

101.5 The R-1B zone is intended to provide for areas predominantly developed with

detached houses on moderately sized lots.

101.6 The purpose of the R-2 zone is to:

(a) Provide for areas with semi-detached houses; and

(b) Protect these areas from invasion by denser types of residential

development.

101.7 The R-2 zone is intended to provide for areas predominantly developed with

semi-detached houses on moderately sized lots that also contain some detached

houses.

101.8 The purpose of the R-3 zone is to allow for row houses, while including areas

within which row houses are mingled with detached houses, semi-detached

houses, and groups of three (3) or more row houses.

101.9 The R-3 zone is intended to permit attached row houses on small lots.

102 USE PERMISIONS

102.1 Use permissions for the R zones are as specified in Subtitle U.

103 PARKING 103.1 Parking requirements for the R zones are as specified in Subtitle C.

104 PUBLIC SCHOOLS, PUBLIC RECREATION AND COMMUNITY

CENTERS, AND PUBLIC LIBRARIES




104.1 Public recreation and community centers or public libraries in the R zones

shall be permitted subject to the conditions of Subtitle C, Chapter 16.

104.2 Public schools in the R zones shall be permitted subject to the conditions of

Subtitle D, Chapter 49.

104.3 Development standards not otherwise addressed by Subtitle C, Chapter 16, or

Subtitle D, Chapter 49, shall be those development standards for the zone in

which the building or structure is proposed.

105 INCLUSIONARY ZONING

105.1 The Inclusionary Zoning (IZ) requirements and the available IZ modifications

to certain development standards, shall apply to the R-2, R-3 (except for the

portion in the Anacostia Historic District), R-10, R-13, R-17, and R-20 zones

as specified in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone

specific development standards of this subtitle.

106 ANTENNAS

106.1 Antennas shall be subject to the regulations of Subtitle C, Chapter 13.

The title of Chapter 2, GENERAL DEVELOPMENT STANDARDS, is amended to read as

follows:

Chapter 2 GENERAL DEVELOPMENT STANDARDS FOR RESIDENTIAL HOUSE (R)

ZONES

Chapter 2, DEVELOPMENT STANDARDS FOR RESIDENTIAL HOUSE (R) ZONES, is

amended to read as follows:

200 GENERAL PROVISIONS DEVELOPMENT STANDARDS

200.1 The provisions of this chapter apply to all zones except as may be modified or

otherwise provided for in a specific zone.

The development standards of this chapter apply to all Residential House (R)

zones except as modified by a specific zone, in which case the modified zone-

specific development standards shall apply. When only a portion of a

development standard is modified the remaining portions of the development

standards shall still apply.

200.2 When modified or otherwise provided for in the development standards for a

specific zone, the modification or zone-specific standard shall apply.

The development standards regulate the bulk of buildings and other structures

and the spaces around them, including the following:

(a) Height and number of stories;




(b) Density and lot occupancy;

(c) Yards and setbacks; and

(d) Environmental performance.

200.3 A principal building on a lot in an R-1 zone shall be a detached building.

200.4 A principal building on a lot in an R-2 zone shall be a detached building or a

semi-detached building.

200.5 A principal building on a lot in an R-3 zone shall be a detached building, a

semi-detached building, or a row building.

200.6 Development standards may be varied by the Board of Zoning Adjustment as

a variance or, when permitted in this title, as a special exception established in

Subtitle X. If authorized in this chapter, the Board of Zoning Adjustment may

grant relief from the standards of this chapter (Development Standards),

pursuant to the provisions of Subtitle X, Chapter 9, and the specific conditions

provided for the special exception relief in this chapter. Any other relief not

authorized as a special exception shall only be available as a variance pursuant

to Subtitle X, Chapter 10. Additional zone-specific special exception criterion

criteria, if applicable, are referenced in this subtitle and shall be considered by

the Board.

200.7 The Inclusionary Zoning (IZ) requirements and the available IZ modifications

to certain development standards, shall apply to the R-2 and R-3 zones (except

for that portion of the R-3 zones in the Anacostia Historic District), as specified

in Subtitle C, Chapter 10, Inclusionary Zoning, and in the zone-specific

development standards of this subtitle.

201 MAXIMUM NUMBER OF DWELLING UNITS DENSITY

201.1 In all R zones, one (1) principal dwelling unit per lot of record and one (1)

accessory apartment shall be permitted as a matter-of-right per lot of record,

subject to Subtitle U, Use Permissions.

201.2 In all R zones, one (1) accessory apartment shall be permitted per lot of record

subject to the use permissions specified in Subtitle U.

A public recreation and community center shall not exceed a gross floor area

of forty thousand square feet (40,000 sq. ft.) unless approved by the Board of

Zoning Adjustment as a special exception pursuant to the provisions of

Subtitle X, Chapter 9 Subtitle D § 212.2. [FROM C-1604.1]

201.3 The minimum lot width and minimum lot area requirements for the creation

of a new lot of record in the R zones are set forth in each zone.




Public recreation and community centers shall be permitted a maximum floor

area ratio as follows:

(a) In the R-1A, R-1B, and R-2 zones, the maximum permitted floor area

ratio for a public recreation and community center shall be 0.9; and

(b) In the R-3 zone, the maximum permitted floor area ratio for a public

recreation and community center shall be 1.8. [FROM C-1604.2]

201.4 A public recreation and community center may exceed 0.9 FAR in those zones

where it is so limited, up to a maximum of 1.8 FAR, if approved by the Board

of Zoning Adjustment as a special exception pursuant to the provisions of

Subtitle X, Chapter 9 Relief from the FAR limits of Subtitle D § 201.3 may

authorized if approved by the Board of Zoning Adjustment as a special

exception pursuant to Subtitle D § 212.2. [FROM C-1604.3]

202 LOT OCCUPANCY [TO D-210]

202 LOT DIMENSIONS [FROM D-301]

202.1 Except as provided elsewhere in this title, the minimum required lot width and

lot area for the creation of a new lot of record shall be as set forth in the

following table:

TABLE D § 202.1: MINIMUM LOT WIDTH AND MINIMUM LOT AREA

Zone Type of Structure Minimum Lot

Width (ft.)

Minimum Lot

Area (sq. ft.)

R-1A All Structures 75 7,500

R-1B All Structures 50 5,000

R-2 Semi-detached 30 3,000

All Other Structures 40 4,000

R-3

Semi-detached 30 3,000

Row 20 2,000

All Other Structures 40 4,000

202.2 Except for new penthouse habitable space as described in Subtitle C § 1500.11,

the Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10, shall not apply to the R-1A and R-1B zones, or to that portion of

the Anacostia Historic District within the R-3 zone.

202.3 Except as provided in Subtitle D § 202.4, the minimum dimensions of lots for

Mandatory Inclusionary Developments in the R-2 and R-3 (other than that

portion in the Anacostia Historic District) zones, shall be as set forth in the

following table, which incorporates the IZ modifications authorized by

Subtitle C § 1002.2:




TABLE D § 202.3: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR

MANDATORY INCLUSIONARY DEVELOPMENTS


Width (ft.)

Minimum Lot

Area (sq. ft.)

R-2 Detached 40 3,200


R-3 All Structures 20 1,600

202.4 The minimum lot width for Mandatory Inclusionary Developments in the R-2

and R-3 (other than that portion in the Anacostia Historic District) zones may

be reduced to no less than as set forth in the following table if granted as a

special exception pursuant to Subtitle X, Chapter 9, by the Board of Zoning

Adjustment:

TABLE D § 202.4: MINIMUM LOT WIDTH BY SPECIAL EXCEPTION FOR



Width (ft.)

R-2 Detached 32

Semi-detached 25

R-3 All Structures 16

202.5 Voluntary Inclusionary Developments in the R-2 and R-3 (other than that

portion in the Anacostia Historic District) zones shall require special exception

relief pursuant to Subtitle X, Chapter 9 to utilize the following IZ

modifications, authorized by Subtitle C § 1002.2:

TABLE D § 202.5: MINIMUM LOT WIDTH AND MINIMUM LOT AREA FOR

VOLUNTARY INCLUSIONARY DEVELOPMENTS


Width (ft.)

Minimum Lot

Area (sq. ft.)

R-2 Detached 32 3,200


R-3 All Structures 16 1,600

203 COURT [TO D-209]

207 203 HEIGHT




207.1 203.1 Except in the R-11, R-12 and R-13 Naval Observatory Residential zones, and

except as provided in Subtitle D § 207.9, the maximum height of buildings or

structures specified in each R zone may be exceeded as provided in this section.

Except as provided elsewhere in this title, the maximum permitted height of

buildings or structures, not including the penthouse, and the maximum

number of stories shall be as set forth in this section.

207.2 A spire, tower, dome, pinnacle, minaret serving as an architectural

embellishment, or antenna may be erected to a height in excess of that which

this section otherwise authorizes in the district in which it is located.

207.3 A chimney or smokestack may be erected to a height in excess of that which

this section otherwise authorizes in the district in which it is located when

required by other municipal law or regulation.

203.2 The maximum permitted height of buildings or structures and number of

stories, except as provided in Subtitle D §§ 203.3 through 203.6, shall be as set

forth in the following table:

TABLE D § 203.2: MAXIMUM HEIGHT AND NUMBER OF STORIES

Zone

Maximum Height,

Not Including

Penthouse (ft.)

Maximum Number of

Stories

R-1A 40 3

R-1B 40 3

R-2 40 3

R-3 40 3

[FROM D-303.1]

207.5 203.3 A place of worship may be erected to a height not exceeding sixty feet (60 ft.);

provided, that it shall not exceed the number of stories permitted in the district

in which it is located and three (3) stories.

207.7 203.4 A public recreation and community center may be erected to a height not

exceeding forty-five feet (45 ft.).

207.4 203.5 A building or other structure may be erected to a height not exceeding ninety

feet (90 ft.); provided, that the building or structure shall be removed from all

lot lines of its lot a distance equal to the height of the building or structure

above the adjacent natural or finished grade, whichever is the lower in

elevation.

207.6 203.6 An institutional building or structure may be erected to a height not exceeding

ninety feet (90 ft.); provided, that the building or structure shall be removed

from all lot lines of its lot a distance of not less than one foot (1 ft.) for each one




foot (1 ft.) of height in excess of that authorized in the district in which it is

located.

207.8 Where required by the Height Act, a height in excess of that permitted shall

be authorized by the Mayor.

204 PENTHOUSES [TO D-209]

208 204 ROOFTOP OR UPPER FLOOR ELEMENTS3

205 REAR YARD [TO D-207]

204 205 PENTHOUSES4

204.1 205.1 Penthouses shall be subject to the regulations of Subtitle C, Chapter 15 and

the height and story limitations specified in each zone of this subtitle.

A penthouse on a single household dwelling or flat shall be permitted only in

accordance with Subtitle C § 1500.4.

205.2 A mechanical penthouse with a maximum height of eighteen feet, six inches

(18 ft. 6 in.) shall be permitted on a building constructed pursuant to Subtitle

D § 203.3 through 203.6.

205.3 The maximum permitted height of a penthouse, except as permitted in Subtitle

D § 303.3 and as prohibited on the roof of a detached dwelling, semi-detached

dwelling, rowhouse, or flat in Subtitle C § 1500.4 shall be twelve feet (12 ft.)

and one (1) story.

For all other buildings and uses, the maximum permitted height of a penthouse

shall be twelve feet (12 ft.) and one (1) story. [FROM D-303.2]

206 SIDE YARD [TO D-208]

206 FRONT SETBACK [FROM D-305]

206.1 Except as provided elsewhere in this title, the front setback shall be as set forth

in this section.

206.1 A front setback shall be provided within the range of existing front setbacks

of all residential buildings within an R-1 through R-3 zone on the same side of

the street in the block where the building is proposed. [FROM D-305.1]

207 HEIGHT [TO D-203]

3 A new Section 208, ROOFTOP OR UPPER FLOOR ADDITIONS, is the subject of a proposed text amendment in

Z.C. Case. No. 19-21. 4 Current Section 204, PENTHOUSES. is the subject of a proposed text amendment in Z.C. Case. No. 14-13E.




205 207 REAR YARD

205.1 A rear yard shall be provided for each structure located in an R zone, the

minimum depth of which shall be as set forth in each zone chapter.

207.1 Except as provided elsewhere in this title, the minimum required rear yard

shall be as set forth in the following table:

TABLE D § 207.1: MINIMUM REAR YARD

Zone Minimum Rear

Yard (ft.)

R-1A 25

R-1B 25

R-2 20

R-3 20

[FROM D-306.1 AND 306.2]

205.2 207.2 In the case of a lot abutting three (3) or more streets, the depth of rear yard

may be measured from the center line of the street abutting the lot at the rear

of the structure.

205.3 207.3 In the case of a lot proposed to be used by a public recreation and community

center or public library that abuts or adjoins along the rear lot line a public

open space, recreation area, or reservation, no rear yard shall be required.

207.4 In the case of a building existing on or before May 12, 1958, an extension or

addition may be made to the building into the required rear yard; provided,

that the extension or addition shall be limited to that portion of the rear yard

included in the building area on May 12, 1958.

207.5 Notwithstanding Subtitle D §§ 207.1 through 207.4, a rear wall of a row or

semi-detached building shall not be constructed to extend farther than ten feet

(10 ft.) beyond the farthest rear wall of any adjoining principal residential

building on any adjacent property. [FROM D-306.3]

207.6 A rear wall of a row or semi-detached building may be constructed to extend

farther than ten feet (10 ft.) beyond the farthest rear wall of any adjoining

principal residential building on any adjacent property if approved as a

special exception pursuant to Subtitle X, Chapter 9 and as evaluated against

the criteria of Subtitle D §§ 5201.3(a) through 5201.3(d) and §§ 5201.4 through

5201.6. [FROM D-306.4]

206 208 SIDE YARD




206.1 208.1 Except in the R-8, R-9, R-10, R-19, and R-20 zones, the minimum side yard

shall be as set forth in this section.

Except as provided elsewhere in this title, the minimum side yard shall be as

set forth in this section.

206.2 208.2 Two (2) side yards, each a minimum of eight feet (8 ft.) in width, shall be

provided for all detached buildings.

206.3 208.3 One (1) side yard, a minimum of eight feet (8 ft.) in width, shall be provided

for all semi-detached buildings in the R-2 zone.

206.4 208.4 One (1) side yard, a minimum of five feet (5 ft.) in width, shall be provided for

all semi-detached buildings in the R-3 zone.

206.5 208.5 No side yards are required for row buildings. An existing detached or semi-

detached building may not be treated as a row building through construction

or additions.

206.6 208.6 Existing conforming side yards may not be reduced to a non-conforming width

or eliminated.

206.7 208.7 In the case of a building with a non-conforming side yard, an extension or

addition may be made to the building; provided, that the width of the existing

side yard shall not be reduced or eliminated; and provided further, that the

width of the side yard adjacent to the extension or addition shall be a minimum

of five feet (5 ft.).

208.8 In the case of a lot proposed to be used by a public library or public recreation

and community center that abuts or adjoins on one (1) or more side lot lines a

public open space, recreation area, or reservation, no side yard shall be

required. [FROM C-1607.1]

203 209 COURT

203.1 209.1 Courts are not required; however, where a court is provided, the court shall

have the following minimum dimensions:

TABLE D § 209.1: MINIMUM COURT DIMENSIONS

Type of

Structure

Minimum Width

Open Court

Minimum Width

Closed Court

Minimum Area Closed

Court

Single

Dwelling Unit

Single

Household

Dwellings

Not applicable Not applicable Not applicable




All Other

Structures

2.5 inches per 1

ft. of height of

court, but not

less than 6 ft.

2.5 inches per foot of

height of court, but

not less than 12 ft.

Twice the square of the

required width of court

dimension based on the

height of the court, but not

less than 250 ft.

202 210 LOT OCCUPANCY

202.1 210.1 [DELETED]

Except as provided elsewhere in this title in Subtitle D § 212.2, the maximum

permitted lot occupancy shall be as set forth in the following table:

TABLE D § 210.1: MAXIMUM LOT OCCUPANCY

Zone Type of Structure

Lot

Occupancy

(%)

R-1A

R-1B

R-2

Public Recreation and Community Center 20

Places of Worship 60

All Other Structures

40

R-3

Single Household Row 60


Places of Worship 60

All Other Structures 40

202.2 210.2 [Repealed]

A public recreation and community center may be permitted a lot occupancy

not to exceed forty percent (40%), if approved by the Board of Zoning

Adjustment as a special exception under Subtitle X, Chapter 9, provided the

applicant shows that the increase is consistent with agency policy of preserving

open space .

211 PERVIOUS SURFACE

211.1 Except as provided elsewhere in this title, the minimum required percentage

of pervious surface of a lot shall be as set forth in the following table:

TABLE D § 211.1: MINIMUM PERCENTAGE OF PERVIOUS SURFACE

Zone Type of Structure

Percentage

of Pervious

Surface (%)

R-1A

R-1B



R-2 All Structures 30

R-3 Public Recreation and Community Center 30





212 SPECIAL EXCEPTION

212.1 Exceptions to the development standards of this subtitle for public libraries

shall be permitted as a special exception if approved by the Board of Zoning

Adjustment under Subtitle X, Chapter 9.

212.2 Exceptions to Relief from the development standards of this subtitle chapter

for public recreation and community centers, other than lot occupancy and

density, shall may be permitted as a special exception if approved by the Board

of Zoning Adjustment under Subtitle X, Chapter 9. Exceptions from lot

occupancy are limited to the criterion of Subtitle D § 210.2 and exceptions

from density are limited to the criteria of Subtitle D §§ 201.2 and 201.4.,

subject to the following conditions:

(a) Relief from the FAR limits of Subtitle D § 201.4 to allow a maximum of

1.8 FAR in zones with a lower maximum FAR; and

(b) Relief from the lot occupancy limitations of Subtitle D § 210.1 to allow

a maximum 40% lot occupancy is permitted provided the applicant

shows that the increase is consistent with agency policy of preserving

open space.

Chapter 3, RESIDENTIAL HOUSE ZONES – R-1-A, R-1-B, R-2, and R-3, is proposed to be

deleted in its entirety.

Chapter 3 RESIDENTIAL HOUSE ZONES – R-1-A, R-1-B, R-2, and R-3

300 PURPOSE AND INTENT

300.1 The purposes of the R-1-A and R-1-B zones are to:

(a) Protect quiet residential areas now developed with detached dwellings and adjoining vacant areas likely to be developed for those purposes;

and

(b) Stabilize the residential areas and promote a suitable environment for family life.

300.2 The R-1-A zone is intended to provide for areas predominantly developed with

detached houses on large lots.

300.3 The R-1-B zone is intended to provide for areas predominantly developed with

detached houses on moderately sized lots.

300.4 The purpose of the R-2 zone is to:

(a) Provide for areas with semi-detached dwellings; and (b) Protect these areas from invasion by denser types of residential

development.

300.5 The R-2 zone is intended to provide for areas predominantly developed with

semi-detached houses on moderately sized lots that also contain some detached

dwellings.




300.6 The purpose of the R-3 zone is to allow for row dwellings, while including areas

within which row dwellings are mingled with detached dwellings, semi-

detached dwellings, and groups of three (3) or more row dwellings.

300.7 The R-3 zone is intended to permit attached rowhouses on small lots.

301 DEVELOPMENT STANDARDS

301.1 The development standards in Subtitle D §§ 302 through 308 modify the

general development standards in Subtitle D, Chapter 2.

302 DENSITY - LOT DIMENSIONS

302.1 Except as provided in other provisions of this title, the minimum dimensions

of lots in the R-1-A, R-1-B, R-2, and R-3 zones shall be as set forth in the

following table:


REQUIREMENTS

Zone Minimum Lot Width (ft.) Minimum Lot Area (sq. ft.)

R-1-A 75 7,500

R-1-B 50 5,000

R-2 30 (semi-detached)

40 (all other structures)

3,000 (semi-detached)

4,000 (all other structures)

R-3

30 (semi-detached)

20 (row)



2,000 (row)


302.2 Except for new penthouse habitable space as described in Subtitle C § 1500.11,

the Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10, shall not apply to the R-1-A and R-1-B zones, or to that portion of

the Anacostia Historic District within the R-3 zone.


Mandatory Inclusionary Developments in the R-2 and R-3 (other than that

portion in the Anacostia Historic District) zones, shall be as set forth in the

following table, which incorporates the IZ modifications authorized by

Subtitle C § 1002.2


REQUIREMENTS FOR MANDATORY INCLUSIONARY DEVELOPMENTS


R-2 40 (detached)

30 (semi-detached)

3,200 (detached)


R-3 20 1,600




302.4 The minimum lot width for Mandatory Inclusionary Developments in the R-2

and R-3 (other than that portion in the Anacostia Historic District) zones may

be reduced to no less than as set forth in the following table if granted as a

special exception pursuant to Subtitle D § 5206.1 by the Board of Zoning

Adjustment.



Zone Minimum Lot Width (ft.)

R-2 32 (detached)

25 (semi-detached)

R-3 16

302.5 Voluntary Inclusionary Developments in the R-2 and R-3 (other than that

portion in the Anacostia Historic District) zones shall require special exception

relief pursuant to Subtitle D § 5206.2 to utilize the following IZ modifications,

authorized by Subtitle C § 1002.2:


REQUIREMENTS FOR VOLUNTARY INCLUSIONARY DEVELOPMENTS


R-2 32 (detached)

25 (semi-detached)

3,200 (detached)


R-3 16 1,600

303 HEIGHT

303.1 The maximum permitted building height, not including the penthouse, in the

R-1-A, R-1-B, R-2, and R-3 zones shall not exceed forty feet (40 ft.) and the

number of stories shall not exceed three (3) stories.



dwelling, rowhouse, or flat in Subtitle C § 1500.4, shall be twelve feet (12 ft.)

and one (1) story.

303.3 A non-residential building constructed pursuant to Subtitle D § 207.6 shall be

permitted a mechanical penthouse to a maximum height of eighteen feet six

inches (18 ft. 6 in.).

304 LOT OCCUPANCY

304.1 The maximum permitted lot occupancy in the R-1-A, R-1-B, R-2, and R-3

zones shall be as set forth in the following table:


Zone Structure Maximum Percentage of

Lot Occupancy

R-1-A Places of Worship


60%

40%




R-1-B Places of Worship


60%

40%

R-2 Places of Worship


60%

40%

R-3 Attached Row

Dwellings

Places of Worship


60%

60%

40%

304.2 [REPEALED]

305 FRONT SETBACK


of all residential buildings within an R-1 through R-3 zone on the same side of

the street in the block where the building is proposed.

306 REAR YARD

306.1 A minimum rear yard of twenty-five feet (25 ft.) shall be provided in the R-1-

A and R-1-B zones.

306.2 A minimum rear yard of twenty feet (20 ft.) shall be provided in the R-2 and

R-3 zones.

306.3 Notwithstanding Subtitle D §§ 306.1 and 306.2, a rear wall of a row or semi-

detached building shall not be constructed to extend farther than ten feet (10

ft.) beyond the farthest rear wall of any adjoining property principal

residential building on any adjoining property.

306.4 A rear wall of an attached or semi-detached building may be constructed to

extend farther than ten feet (10 ft.) beyond the farthest rear wall of any

adjoining principal residential building on any adjacent property if approved

as a special exception pursuant to Subtitle X, Chapter 9 and as evaluated

against the criteria of Subtitle D §§ 5201.3(a) through 5201.3(d) and §§ 5201.4

through 5201.6.

307 [DELETED]


308.1 The minimum required percentage of pervious surface of a lot in the R-1-A or

R-1-B zones shall be fifty percent (50%).

308.2 The minimum required percentage of pervious surface of a lot in the R-2 zone

shall be thirty percent (30%).

308.3 The minimum required percentage of pervious surface of a lot in the R-3 zone

shall be twenty percent (20%).

309 [DELETED]

310 USE PERMISSIONS




310.1 Use permissions for the R-1-A and R-1-B zones are as specified for Use Group

A, in Subtitle U, Chapter 2.

310.2 Use permissions for the R-2 zones are as specified for Use Group B in Subtitle

U, Chapter 2.

310.3 Use permissions for the R-3 zones are as specified for Use Group C in Subtitle

U, Chapter 2.

The title of CHAPTER 4, TREE AND SLOPE PROTECTTION RESIDENTIAL HOUSE

ZONES - R-6 AND R-7, is proposed to be amended, and renumbered as CHAPTER 3, to

read as follows:

Chapter 4 3 TREE AND SLOPE PROTECTION RESIDENTIAL HOUSE ZONES – r-6 and r-7

R-1A/TS and R-1B/TS

CHAPTER 3, TREE AND SLOPE PROTECTTION RESIDENTIAL HOUSE ZONES - R-

1A/TS AND R-1B/TS, is proposed to be amended to read as follows:

400 300 PURPOSE AND INTENT

400.1 300.1 The purposes of the Tree and Slope Protection Residential House (R-6 and R-

7) zones are to:

(a) Preserve and enhance the park-like setting of designated neighborhoods adjacent to streams or parks by regulating alteration or

disturbance of terrain, destruction of trees, and ground coverage of

permitted buildings and other impervious surfaces;

(b) Preserve the natural topography and mature trees to the maximum extent feasible in a residential neighborhood;

(c) Prevent significant adverse impact on adjacent open space, parkland, stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and other construction, so as to encourage a general compatibility between

the siting of new buildings and the existing neighborhood.

The development standards in Subtitle D, Chapter 2 shall apply to the R-

1A/TS and R-1B/TS zones except as specifically modified by this chapter. In

the event of a conflict between the provisions of this chapter and other

regulations of this subtitle, the provisions of this chapter shall control.

400.2 300.2 The R-6 and R-7 zones shall be mapped in residential neighborhoods that are

located at the edge of stream beds or public open spaces and that have a

significant quantity of steep slopes, stands of mature trees, and undeveloped

lots and parcels subject to potential terrain alteration and tree removal. It is

not suitable for mapping in neighborhoods where nearly all lots are already

developed on a rectangular grid system and the existing mature trees are

either yard trees or street trees.




In addition to the purposes of the R-1 zones, the purposes of the Tree and Slope

Protection Residential House (R-1A/TS and R-1B/TS) zones are to:

(a) Preserve and enhance the park-like setting of designated

neighborhoods adjacent to streams or parks by regulating alteration or

disturbance of terrain, destruction of trees, and ground coverage of

permitted buildings and other impervious surfaces;

(b) Preserve the natural topography and mature trees to the maximum

extent feasible in a residential neighborhood;

(c) Prevent significant adverse impact on adjacent open space, parkland,

stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and

other construction, so as to encourage a general compatibility between

the siting of new buildings and the existing neighborhood.

400.3 300.3 The R-6 zone is intended to permit detached houses on large lots and to protect

quiet residential areas developed with detached dwellings.

The R-1A/TS and R-1B/TS zones shall be mapped in residential

neighborhoods that are located at the edge of stream beds or public open

spaces and that have a significant quantity of steep slopes, stands of mature

trees, and undeveloped lots and parcels subject to potential terrain alteration

and tree removal. It is not suitable for mapping in neighborhoods where nearly

all lots are already developed on a rectangular grid system and the existing

mature trees are either yard trees or street trees.

400.4 The R-7 zone is intended to permit detached houses on moderately sized lots.

401 301 DEVELOPMENT STANDARDS TREE PROTECTION

400.1 301.1 The development standards in Subtitle D §§ 402 through 409 modify the


The tree protection regulations of Subtitle C, Chapter 4 shall apply to the R-

1A/TS and R-1B/TS zones.

402 302 DENSITY-LOT DIMENSIONS LOT OCCUPANCY

402.1 302.1 Except as prescribed in other provisions of this title, the minimum dimensions

of lots in the R-6 and R-7 zones shall be as set forth in the following table:


REQUIREMENTS




Zone Min. Lot Width (ft.) Min. Lot Area (sq. ft.)

R-6 75 7,500

R-7 50 5,000

The maximum permitted lot occupancy for all structures in the R-1A/TS and

R-1B/TS zones shall be thirty percent (30%), except for public recreation and

community centers.

402.2 302.2 The Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10 shall not apply to the R-6 and R-7 zones.

The maximum permitted lot occupancy for public recreation and community

centers shall be as set forth in Subtitle D § 210.1.

403 HEIGHT

403.1 The maximum permitted building height, not including the penthouse, in the

R-6 and R-7 zones shall be forty feet (40 ft.) and three (3) stories.




and one (1) story.




404 LOT OCCUPANCY

404.1 The maximum permitted lot occupancy in the R-6 and R-7 zones shall be as

set forth in the following table:


Zone Structure Maximum Percentage of Lot

Occupancy

R-6 All Structures 30%


405 FRONT SETBACK


of all structures within the R-6 and R-7 zones, on the same side of the street in

the block where the building is proposed.

406 REAR YARD




406.1 A minimum rear yard of twenty-five feet (25 ft.) shall be provided in the R-6

and R-7 zones.

406.2 [REPEALED]

406.3 [REPEALED]

407 [DELETED]


408.1 The minimum percentage of pervious surface requirement of a lot in an R-6

or R-7 zone shall be fifty percent (50%).

409 TREE PROTECTION

409.1 The tree protection regulations of Subtitle C, Chapter 4 shall apply to the R-6

and R-7 zones.

410 [REPEALED]

411 USE PERMISSIONS

411.1 Use permissions for the R-6 and R-7 zones are as specified for Use Group A,

in Subtitle U, Chapter 2.

The title of CHAPTER 5, FOREST HILLS TREE AND SLOPE RESIDENTIAL HOUSE

ZONES - R-8, R-9 AND R-10, is proposed to be amended and renumbered as CHAPTER 4,

to read as follows:

Chapter 5 4 FOREST HILLS TREE AND SLOPE RESIDENTIAL HOUSE ZONES – r-8, R-9,

and R-10 R-1A/FH, R-1B/FH, R-2/FH

CHAPTER 5, FOREST HILLS TREE AND SLOPE RESIDENTIAL HOUSE ZONES - R-

1A/FH, R-1B/FH, AND R-2/FH, is proposed to be amended to read as follows:


500.1 400.1 The purposes of the Forest Hills Tree and Slope Protection Residential House

zones (R-8, R-9, and R-10) are to:

(a) Preserve and enhance the park-like setting of designated neighborhoods bounded by Connecticut Avenue and Thirty-Second

Street on the west, Rock Creek Park on the east, Fort Circle National

Park and Nevada Avenue, N.W. on the north, and Melvin C. Hazen

Park and adjacent to streams and parks on the south, by regulating

alteration or disturbance of terrain, destruction of trees, and the

ground coverage of permitted buildings and other impervious surfaces.

It includes Soapstone Valley Park as well as Melvin C. Hazen Park;

(b) Preserve the natural topography and mature trees to the maximum extent feasible in the Forest Hills neighborhoods;




(c) Prevent significant adverse impact on adjacent open space, parkland, stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and other construction, so as to encourage a general compatibility between

the siting of new buildings or construction and the existing

neighborhood.


1A/FH, R-1B/FH, and R-2/FH zones except as specifically modified by this

chapter. In the event of a conflict between the provisions of this chapter and

other regulations of this subtitle, the provisions of this chapter shall control.

500.2 400.2 The Forest Hills Tree and Slope Protection zones have a significant quantity

of steep slopes, stands of mature trees, are located at the edge of stream beds

and public open spaces, and have undeveloped lots and parcels subject to

potential terrain alteration and tree removal. Few lots are developed on a

rectangular grid system.

In addition to the purposes of the R-1 and R-2 zones, the purposes of the Forest

Hills Tree and Slope Protection Residential House (R-1A/FH, R-1B/FH, and

R-2/FH) zones are to:

(a) Preserve and enhance the park-like setting of designated

neighborhoods bounded by Connecticut Avenue and Thirty-Second

Street on the west, Rock Creek Park on the east, Fort Circle National

Park and Nevada Avenue, N.W. on the north, and Melvin C. Hazen

Park and adjacent to streams and parks on the south, by regulating

alteration or disturbance of terrain, destruction of trees, and the

ground coverage of permitted buildings and other impervious surfaces.

It includes Soapstone Valley Park as well as Melvin C. Hazen Park;

(b) Preserve the natural topography and mature trees to the maximum

extent feasible in the Forest Hills neighborhoods;

(c) Prevent significant adverse impact on adjacent open space, parkland,

stream beds, or other environmentally sensitive natural areas; and

(d) Limit permitted ground coverage of new and expanded buildings and

other construction, so as to encourage a general compatibility between

the siting of new buildings or construction and the existing

neighborhood.

500.3 400.3 The R-8 zone is intended to permit detached houses on large lots.

The R-1A/FH, R-1B/FH, and R-2/FH zones have a significant quantity of steep

slopes, stands of mature trees, are located at the edge of stream beds and public

open spaces, and have undeveloped lots and parcels subject to potential terrain




alteration and tree removal. Few lots are developed on a rectangular grid

system.

500.4 The R-9 zone is intended to permit detached houses on moderately sized lots.

500.5 The R-10 zone is intended to:

(a) Permit semi-detached houses on moderately sized lots, and allow for areas of detached dwellings;

(b) Retain the single dwelling unit nature of these areas; and (c) Prohibit denser types of residential development.




The tree protection regulations of Subtitle C, Chapter 4 shall only apply to

those lots in the R-1A/FH zone in Squares 2042, 2043, 2046, 2049, 2231, 2232,

2238, 2239, 2244 through 2248, 2250, 2258, 2272, and 2282.

401.2 To the extent that any person seeks permission for building or terrain

alteration on a lot with a slope steeper than twenty-five percent (25%) or with

"highly erodible land" as defined at 7 C.F.R. § 12.2 (2005), a professional

certification that the plans for alteration and/or construction will follow best

geo-technical, structural engineering, and arboreal practices shall be supplied

with the building permit application.

502 402 DENSITY-LOT DIMENSIONS

502.1 402.1 Except as provided in other provisions of this title, the minimum dimensions

of lots in the R-8, R-9, and R-10 zones shall be as set forth in the following

table:


REQUIREMENTS


R-8 75

9,500 for lots in Squares 2042, 2043, 2046,

2049, 2231, 2232, 2238, 2239, 2244 through

2248, 2250, 2258, 2272, and 2282

7,500 for all other lots

R-9 50 5,000

R-10 30 (semi-detached)




The minimum required lot width and lot area for the creation of a new lot of

record in the R-1A/FH zone shall be as set forth in the following table:





Zone Type of

Structure

Minimum

Lot Width

(ft.)

Minimum Lot Area (sq. ft.)

R-1A/FH All

Structures 75

9,500 for lots in Squares 2042, 2043, 2046,

2049, 2231, 2232, 2238, 2239, 2244 through

2248, 2250, 2258, 2272, and 2282

7,500 for all other lots

502.2 The Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10 shall not apply to the R-8 and R-9 zones.


Mandatory Inclusionary Developments in the R-10 zone, shall be as set forth

in the following table, which incorporates the IZ modifications authorized by

Subtitle C § 1002.2:




R-10 40 (detached)

30 (semi-detached)

3,200 (detached)


502.4 The minimum lot width for Mandatory Inclusionary Developments in the R-

10 zone may be reduced to no less than as set forth in the following table if

granted as a special exception pursuant to Subtitle D § 5206.1 by the Board of

Zoning Adjustment.



Zone Minimum Lot Width (ft.)

R-10 32 (detached)

25 (semi-detached)

502.5 Voluntary Inclusionary Developments in the R-10 zone shall require special

exception relief pursuant to Subtitle D § 5206.2 to utilize the following IZ

modifications authorized by Subtitle C § 1002.2:




R-10 32 (detached)

25 (semi-detached)

3,200 (detached)


503 403 HEIGHT SIDE YARD




503.1 403.1 The maximum permitted building height, not including the penthouse, in the

R-8, R-9, and R-10 zones shall be forty feet (40 ft.) and three (3) stories.

The minimum side yard requirement for all buildings, accessory buildings, or

additions to buildings in the R-1A/FH, R-1B/FH, and R-2/FH zones shall be

twenty-four feet (24 ft.) in the aggregate, with no single side yard having a

width of less than eight feet (8 ft.).




and one (1) story.




504 404 LOT OCCUPANCY

504.1 404.1 The maximum permitted lot occupancy in the R-8, R-9, and R-10 zones shall be as

set forth in the following table: TABLE D § 504.1: MAXIMUM LOT OCCUPANCY

Zone Structure Maximum Percentage of Lot Occupancy




The maximum permitted lot occupancy for all structures in the R-1A/FH, R-

1B/FH, and R-2/FH zones shall be thirty percent (30%), except for public

recreation and community centers.

404.2 The maximum permitted lot occupancy for public recreation and community


505 405 FRONT SETBACK PERVIOUS SURFACE

504.1 405.1 A front setback shall be provided within the range of existing front setbacks

of all residential buildings within the R-8 through R-10 zones, on the same side

of the street in the block where the building is proposed.

The minimum required percentage of pervious surface of a lot in the R-1A/FH,

R-1B/FH, and R-2/FH zones shall be fifty percent (50%); provided this

subsection shall not:

(a) Preclude enlargement of a principal building in existence as of May 18, 2007; or

(b) Create nonconformity of a structure as regulated by this title.

506 REAR YARD





and R-9 zones.

506.2 A minimum rear yard of twenty feet (20 ft.) shall be provided in the R-10 zone.

507 SIDE YARD

507.1 The minimum side yard requirement for all buildings, accessory buildings, or

additions to buildings in the R-8, R-9, and R-10 zones shall be twenty-four feet

(24 ft.) in the aggregate, with no single side yard having a width of less than

eight feet (8 ft.).

507.2 [DELETED]


508.1 In an R-8, R-9, or R-10 zone, the minimum percentage of pervious surface

requirement of a lot shall be fifty percent (50%); provided this subsection shall not:

(a) Preclude enlargement of a principal building in existence as of May 18, 2007; or

(b) Create nonconformity of a structure as regulated by this title.

509 TREE PROTECTION

509.1 The tree protection regulations of Subtitle C, Chapter 4 shall only apply to those

lots in the R-8 zone in Squares 2042, 2043, 2046, 2049, 2231, 2232, 2238, 2239,

2244 through 2248, 2250, 2258, 2272, and 2282.

509.2 To the extent that any person seeks permission for building or terrain alteration on

a lot with a slope steeper than twenty-five percent (25%) or with "highly erodible

land" as defined at 7 C.F.R. § 12.2 (2005), a professional certification that the plans

for alteration and/or construction will follow best geo-technical, structural

engineering, and arboreal practices shall be supplied with the building permit

application.

510 [REPEALED]

511 USE PERMISSIONS

511.1 Use permissions for the R-8 and R-9 zones are as specified for Use Group A,

in Subtitle U, Chapter 2.

511.2 Use permissions for the R-10 zone are as specified for Use Group B, in Subtitle

U, Chapter 2.

The title of CHAPTER 6, NAVAL OBSERVATORY/TREE AND SLOPE RESIDENTIAL

HOUSE ZONES - R-11, is proposed to be amended and renumbered to CHAPTER 5 to read

as follows:

CHAPTER 6 5 NAVAL OBSERVATORY/TREE AND SLOPE RESIDENTIAL HOUSE

ZONE - R-11 R-1A/TS/NO

CHAPTER 5, NAVAL OBSERVATORY/TREE AND SLOPE RESIDENTIAL HOUSE

ZONES - R-1A/TS/NO, is proposed to be amended to read as follows:





600.1 500.1 In addition to the provisions of Subtitle D § 400.1, the purposes of the Naval

Observatory/Tree and Slope Protection Residential House zone (R-11) are to:

(a) Promote the public health, safety, and general welfare on land adjacent to or in close proximity to the highly sensitive and historically

important Naval Observatory in keeping with the goals and policies of

the Federal and District elements of the Comprehensive Plan and the

adopted Master Plan for that facility;

(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special

missions of the Naval Observatory;

(c) Reflect the importance of the Naval Observatory to the District of Columbia and to the Nation;

(d) Provide additional controls on private land to protect Federal interest concerns, including the critical scientific mission performed at the

Naval Observatory and the security needs of the Vice President's

residence; and

(e) Provide development standards to reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within

the zone.


1A/TS/NO zone except as specifically modified by this chapter. In the event of

a conflict between the provisions of this chapter and other regulations of this

subtitle, the provisions of this chapter shall control.

600.2 500.2 The R-11 zone is intended to permit detached houses on large lots.

In addition to the purposes of the R-1 zones, the purposes of the Tree and Slope

Protection/Naval Observatory Residential House (R-1A/TS/NO) zone are to:

(a) Promote the public health, safety, and general welfare on land adjacent

to or in close proximity to the highly sensitive and historically




(b) Ensure that public land within the zone shall be used in a manner

consistent with the historic or ceremonial importance and special


(c) Reflect the importance of the Naval Observatory to the District of

Columbia and to the Nation;

(d) Provide additional controls on private land to protect Federal interest

concerns, including the critical scientific mission performed at the




Naval Observatory and the security needs of the Vice President's

residence; and

(e) Provide development standards to reduce or eliminate any possible

harm or restrictions on the mission of the Federal establishment within

the zone.




The tree protection regulations of Subtitle C, Chapter 4 shall apply to the R-

1A/TS/NO zone.

602 502 DENSITY – LOT DIMENSIONS HEIGHT

602.1 502.1 Except as prescribed in other provisions of this title, the minimum dimensions

of a lot in the R-11 zone shall be as set forth in the following table:


REQUIREMENTS


R-11 75 7,500

The maximum permitted height for all buildings, not including the penthouse, in the R-

1A/TS/NO zone shall be forty feet (40 ft.) and three (3) stories.

602.2 502.2 The Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10 shall not apply to the R-11 zone.

The height of a building in the R-1A/TS/NO zone shall be measured as follows:

(a) The height of a building shall be the vertical distance measured from

the level of the curb opposite the middle of the front of the building to

the highest point of the roof or parapet; and

(b) The curb elevation opposite the middle of the front of the building shall

be determined as the average elevation of the lot from its front line to

its rear line.

603 503 HEIGHT LOT OCCUPANCY


R-11 zone shall be forty feet (40 ft.) and three (3) stories.




The maximum permitted lot occupancy for all structures in the R-1A/TS/NO

zone shall be thirty percent (30%), except for public recreation and

community centers.


ninety feet (90 ft.), not including the penthouse, provided that the building or

structure shall be removed from all lot lines of its lot a distance of not less than

one foot (1 ft.) for each foot of height in excess of that authorized in the zone

in which it is located.

The maximum permitted lot occupancy for public recreation and community





and one (1) story.




604 504 LOT OCCUPACNY PLANNED UNIT DEVELOPMENT

604.1 504.1 The maximum permitted lot occupancy in the R-11 zone shall be as set forth

in the following table:


Zone Structure Maximum Percentage of Lot Occupancy


The provisions of Subtitle X, Chapter 3 of this title shall not operate to permit

a planned unit development in the R-1A/TS/NO zone to exceed either the

height limits of Subtitle D § 502, or the area, bulk, and yard development

standards that apply as a matter of right in the R-1A/TS/NO zone.

605 505 FRONT SETBACK SPECIAL EXCEPTION NAVAL OBSERVATORY

(NO) ZONES

605.1 505.1 A front setback shall be provided within the range of existing front setbacks

of all residential buildings within an R-11 zone, on the same side of the street

in the block where the building is proposed.

In consideration of a special exception in the R-1A/TS/NO zone, in addition to

any other criteria of this title, the Board of Zoning Adjustment shall consider

whether the proposed development is compatible with the following:

(a) Present and proposed development within and adjacent to the subject

zone;




(b) Goals, objectives, and policies pertaining to federal facilities, as found

in the Comprehensive Plan and the Master Plans for the federal

facilities within the subject zone; and

(c) Role, mission, and functions of the federal facilities within the subject

zone, considering the effect that the proposed development would have

on such facilities.

505.2 Before taking action on an application, the Board of Zoning Adjustment shall

submit the application to the following agencies for review and written

reports:

(a) Office of Planning;

(b) District Department of Transportation;

(c) Department of Housing and Community Development;

(d) The Historic Preservation Office if a historic district or historic

landmark is involved; and

(e) The National Capital Planning Commission.

505.3 The Board of Zoning Adjustment may require special treatment and impose

reasonable conditions as it deems necessary to mitigate any adverse impact

identified in the consideration of the application.

606 REAR YARD


zone.

607 [DELETED]


608.1 The minimum percentage of pervious surface requirement of a lot in an R-11

zone shall be fifty percent (50%).

609 TREE PROTECTION

609.1 The tree protection regulations of Subtitle C, Chapter 4 shall apply to the R-

11 zone.

610 [REPEALED]




611 USE PERMISSIONS

611.1 Use permissions for the R-11 zone are as specified for Use Group A, in Subtitle

U, Chapter 2.

The title of CHAPTER 7, NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES - R-

12 AND R-13, is proposed to be amended, and renumbered to CHAPTER 6, to read as

follows:

CHAPTER 7 6 NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES – R-12 and r-13

R-1B/NO and R-3/NO

CHAPTER 6, NAVAL OBSERVATORY RESIDENTIAL HOUSE ZONES - R-1B/NO AND

R-3/NO, is proposed to be amended, and renumbered to CHAPTER 6, to read as follows:


700.1 600.1 The purposes of the Naval Observatory Residential House zones (R-12 and R-

13) are to:

(a) Promote the public health, safety, and general welfare on land adjacent to or in close proximity to the highly sensitive and historically




(b) Ensure that public land within the zone shall be used in a manner consistent with the historic or ceremonial importance and special


(c) Reflect the importance of the Naval Observatory to the District of Columbia and the Nation;

(d) Provide additional controls on private land to protect Federal interest concerns, including the critical scientific mission performed at the

Naval Observatory and the security needs of the Vice President’s

residence; and

(e) Provide development standards to reduce or eliminate any possible harm or restrictions on the mission of the Federal establishment within

the zone.


1B/NO and R-3/NO zones except as specifically modified by this chapter. In

the event of a conflict between the provisions of this chapter and other

regulations of this subtitle, the provisions of this chapter shall control.

700.2 600.2 The R-12 zone is intended to permit detached houses on moderately-sized lots.

In addition to the purposes of the R-1 and R-3 zones, the purposes of the Naval

Observatory Residential House (R-1B/NO and R-3/NO) zones are to:




(a) Promote the public health, safety, and general welfare on land adjacent

to or in close proximity to the highly sensitive and historically




(b) Ensure that public land within the zone shall be used in a manner

consistent with the historic or ceremonial importance and special


(c) Reflect the importance of the Naval Observatory to the District of

Columbia and the Nation;

(d) Provide additional controls on private land to protect Federal interest

concerns, including the critical scientific mission performed at the

Naval Observatory and the security needs of the Vice-President's

residence; and

(e) Provide development standards to reduce or eliminate any possible

harm or restrictions on the mission of the Federal establishment within

the zone.

700.3 The R-13 zone is intended to permit single dwelling unit row houses on small

lots, include areas where row houses are mingled with detached houses and

semi-detached houses, and retain the single dwelling unit nature of these areas.

701 601 DEVELOPMENT STANDARDS HEIGHT



The maximum permitted height for all buildings, not including the penthouse,

in the R-1B/NO and R-3/NO zones shall not exceed forty feet (40 ft.) and three

(3) stories.

601.2 The height of a building in the R-1B/NO and R-3/NO zones shall be measured

as follows:

(a) The height of a building shall be the vertical distance measured from

the level of the curb opposite the middle of the front of the building to

the highest point of the roof or parapet; and

(b) The curb elevation opposite the middle of the front of the building shall

be determined as the average elevation of the lot from its front line to

its rear line.




702 602 DENSITY-LOT DIMENSIONS PLANNED UNIT DEVELOPMENT

702.1 602.1 Except as provided in other provisions of this title, the minimum dimensions

of lots in the R-12 and R-13 zones shall be as set forth in the following table:


REQUIREMENTS


R-12 50 5,000

R-13

30 (semi-detached)

20 (row)



2,000 (row)


The provisions of Subtitle X, Chapter 3, of this title shall not operate to permit

a planned unit development in the R-1B/NO or R-3/NO zone to exceed either

the height limits of Subtitle D § 601, or the area, bulk, and yard development

standards that apply as a matter of right in the R-1B/NO or R-3/NO zone.

702.2 The Inclusionary Zoning requirements and modifications of Subtitle C,

Chapter 10 shall not apply to the R-12 zone.

702.3 Except as provided for in Subtitle D § 702.4, the minimum dimensions of lots

for Mandatory Inclusionary Developments in the R-13 zone shall be as set

forth in the following table, which incorporates the IZ modifications

authorized by Subtitle C § 1002.2:




R-13 20 1,600

702.4 The minimum lot width for Mandatory Inclusionary Developments in the R-

13 zone may be reduced to no less than 16 feet if granted as a special exception

pursuant to Subtitle D § 5206.1 by the Board of Zoning Adjustment.

702.5 Voluntary Inclusionary Developments in the R-13 zone shall require special

exception relief pursuant to Subtitle D § 5206.2 to utilize any of the following

IZ modifications authorized by Subtitle C § 1002.2:




R-13 16 1,600

703 603 HEIGHT SPECIAL EXCEPTION NAVAL OBSERVATORY (NO) ZONES





R-12 and R-13 zones shall be forty feet (40 ft.) and three (3) stories.

In consideration of a special exception in the R-1B/NO or R-3/NO zones, in

addition to any other criteria of this title, the Board of Zoning Adjustment

shall consider whether the proposed development is compatible with the

following:

(a) Present and proposed development within and adjacent to the subject

zone;

(b) Goals, objectives, and policies pertaining to federal facilities, as found

in the Comprehensive Plan and the Master Plans for the federal

facilities within the subject zone; and

(c) Role, mission, and functions of the federal facilities within the subject

zone, considering the effect that the proposed development would have

on such facilities.


ninety feet (90 ft.), not including the penthouse, provided that the building or

structure shall be removed from all lot lines of its lot a distance of not less than

one foot (1 ft.) for each foot of height in excess of that authorized in the zone

in which it is located.

Before taking action on an application, the Board of Zoning Adjustment shall

submit the application to the following agencies for review and written

reports:

(a) Office of Planning;

(b) District Department of Transportation;

(c) Department of Housing and Community Development;

(d) The Historic Preservation Office if a historic district or historic

landmark is involved; and

(e) The National Capital Planning Commission.

703.3 603.3 The maximum permitted height of a penthouse, except as permitted in Subtitle

D �

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